Q. I have recently bought a house just outside London with a huge garden. Since moving in one of my neighbours has complained that one of my trees is blocking her light and asked me to rectify the situation, also I have a problem with an overgrown tree from a neighbouring garden encroaching on my garden. I have no idea where I stand on either of these issues having lived in an apartment until I bought this house, can you advise?
A. Trees can often be the subject of disputes between neighbours and owners. Owning a property with trees comes with several responsibilities.
- Maintenance responsibilities
- Tree Preservation orders
- Liabilities for damage
- Nuisances on boundaries
To address your first issue with regards to the complaint of light restriction the matter can only really be enforced if the neighbour can prove that they have the right to ancient light eg. they can prove that they have had uninterrupted right to that light for a period greater than 20 years, this only applies to the windows of their property. With regards to the overgrowth protruding onto your property you have the common law right to prune back branches and roots to your boundary, however you must take care not to render the tree dangerous, all cuttings must offered back to the owner. However if the tree is covered by a tree preservation order or within a conservation area the common law right will be lost, in this case the advice of the local council should be sought with regards to work to the tree. If you’re worried about any of your trees and the possible impact of their growth you can always have them inspected by a qualified Tree Surgeon. The Tree Surgeon will consider the size, condition and species of the tree as well as its position in relation to buildings, footpaths and highways. The Surgeon will then make recommendations for the necessary work to be undertaken.